Coffeehouse for desis
Would you like to react to this message? Create an account in a few clicks or log in to continue.

[merlot daruwala]

2 posters

Go down

[merlot daruwala] Empty [merlot daruwala]

Post by Guest Thu May 28, 2015 10:32 am

i got thinking today. we were taught in school, quite bombastically, that india is a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC. and that it has a constitution (of course) with fundamental rights (of course) and directive principles (not of course).


so, i thought, how can a ban on beef consumption/slaughter be upheld in such a state? i thought a writ petition was necessary and if it had to be me i'd do it. of course my next step was to google. i found the gist of the challenge of the maha-ban appealed in high court (appended below). i read it but i am still confused (i don't understand the law points in it; neither do you but you have better comprehension). my question: is beef ban anti-constitutional? does it violate my fundamental rights in india? 


http://timesofindia.indiatimes.com/india/Beef-ban-law-is-reasonable-restriction-does-not-violate-fundamental-rights-Maharashtra-govt-to-HC/articleshow/46986689.cms


http://timesofindia.indiatimes.com/india/Beef-ban-law-is-reasonable-restriction-does-not-violate-fundamental-rights-Maharashtra-govt-to-HC/articleshow/46986689.cms wrote:

MUMBAI: The Maharashtra government on Monday justified its new beef ban law before the Bombay high court claiming it was a ''reasonable restriction''.

An affidavit of the state animal husbandry department, submitted to the court by advocate general Sunil Manohar, denied that the law, which criminalizes even possession of beef, violates any fundamental rights. ''It cannot be said that simply because the possession of meat of cow progeny is banned so as to give complete effect to the directive principles of the Constitution, the right of citizen under Article 21 (right to life) to have his own choice of food stands violated or stultified,'' the affidavit said.

READ ALSO: Beef ban in Maharashtra — Congress endorses, NCP opposes


The state said that the cow, and its progeny were the backbone of Maharashtra's agrarian economy and to protect it and also to prevent cruelty to animals the law was brought into effect. The government also clarified that the ban was only on the slaughter of cows, bulls and bullocks and the possession of flesh of these animals. ''There is no total ban on import of meat or livestock. The only ban is for the possession of meat/flesh of cow progeny within the state of Maharashtra and there cannot be trade or commerce of meat/flesh of cow progeny. All other kind of meat including that of buffalo is permitted to be possessed,'' added the affidavit. ''Though the provision may result in affecting the import of cow progeny flesh, the same is only incidental to the real nature and character of the enactment and hence cannot affect the competence of the legislature to enact (the law),'' the state said.

READ ALSO: It's Maharashtra versus rest of India

The government opposed any stay and pointed out that the law had received the President's assent and was ''in public interest''.

The petitioners, who have challenged the beef ban law questioned section 5D of the Act that criminalizes possession of beef and in turn its consumption. Senior advocate Aspi Chinoy, contended that the beef ban law was contrary to central laws like the Food Safety and Security Act and the Livestock Import Act that treats beef as a ''wholesome, and permissible food''.

READ ALSO: Beef ban just the beginning, Maharashtra government tells Bombay high court

The division bench of justice VM Kanade and justice MS Sonak has scheduled the case for further hearing on Tuesday April 21, 2015.

READ ALSO: PIL challenges provision under new beef ban law

In 1976, the Maharashtra government enacted a law banning the slaughter of cows. In 1995, the government makes changes to the law by the Maharashtra Animal Preservation (Amendment) Act, which banned the slaughter of bulls and bullocks as well. Twenty years later in February 2015, the President of India grants sanction to the law. The Maharashtra government notifies the law in March 2015 and it comes into force across the state.


Guest
Guest


Back to top Go down

[merlot daruwala] Empty Re: [merlot daruwala]

Post by southindian Thu May 28, 2015 10:43 am

Governments ALL over the world come up with loop holes to circumvent human rights or fundamental rights under their constitution.

If the government attaches beef-ban to something like offending religious rights, disturbing peace OR even as bizarre as threatening nations security then that can easily overrule fundamental right of citizens.

This is not a first. Every government in every country has twisted laws to justify their agenda.
southindian
southindian

Posts : 4643
Join date : 2012-10-08

Back to top Go down

[merlot daruwala] Empty Re: [merlot daruwala]

Post by Merlot Daruwala Thu May 28, 2015 8:19 pm

The Maha govt is disingenuously arguing that the law was passed to (a) protect the cow, and its progeny which are the backbone of Maharashtra's agrarian economy and (b) to prevent cruelty to animals.

The first reason is silly because farmers don't sell productive animals to abottoirs, only the unproductive ones. A milch cow is more valuable alive than dead. The state's intervention in this is entirely redundant. By banning all slaughter, the chaddis have only hurt farmers who cannot realize the residual value of unproductive livestock any more, worsening the agrarian crisis in the state.

The second reason is totally laughable because in the same breath, the state clarified that slaughter of other livestock is permitted. If it was indeed the milk of human kindness that coursed through their veins, the chaddis should have banned *all* slaughter. But the limpwristed lot are too chicken to do that. They are too timid to even admit the real reason for this ban: a petty minded desire to use their power to impose their tastes on people they're too scared to meet after 8 pm!
Merlot Daruwala
Merlot Daruwala

Posts : 5005
Join date : 2011-04-29

Back to top Go down

[merlot daruwala] Empty Re: [merlot daruwala]

Post by Sponsored content


Sponsored content


Back to top Go down

Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum